93 Ga. 259 | Ga. | 1894
Judgment affirmed.
The widow of Brantley sued to recover tbe value of his life. The jury found for her $8,000, and the railroad company excepted to the refusal of a new trial. The declaration alleges: Brantley was employed by the defendant as a yard hand in its yard in the city of Macon, where freight-trains were made up and through which its freight and passenger-trains were accustomed to pass. On account of the frequency of the passage of trains through the yard and in making up of trains, a considerable number of switches are used in the yard; and on account of these facts it was the duty of the company to run its engines and trains through the yard at a slow rate of speed, to keep its switches properly arranged and its track free of obstructions, and to give its employees timely warning of the approach of engines through the yard, especially when they were engaged in the discharge of duties which required their attention in a direction opposite to that in which such engines were approaching. On May 20, 1888, Brantley was riding on a switch-engine of the defendant in the discharge of his duties. Observing that a switch they were approaching had not been properly arranged by * the employee whose duty it was to arrange it, Brantley gave a signal to the engineer to slack up, jumped from the engine and began to fix the switch right, being then and there in the discharge of a necessary duty growing out of his employment. His attention was thereby concentrated upon what he was doing, and he was looking’ in the same direction as that in which the switch-engine was going; and at the same time another engine of the company, one of its regular train-engines, was coming up in the opposite direction, running at the rate of twenty miles per hour, a greater speed than engines usually ran in the yard, and greater than it should have
The court charged : “ Therefore you inquire into the evidence what the ordinance of the city of Macon is with reference to the rate of speed at which trains should be run in. the city of Macon. Inquire whether the kill